Quantcast
Home (page 3)

Tag Archives: Judge Robert E. Payne

EDVA: Despite damning email, no spoliation sanctions (access required)

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

Read More »

EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

Read More »

EDVA: Court won’t reconsider contributory negligence (access required)

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Read More »

EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

Read More »

EDVA: Police threats implied custody, triggered Miranda (access required)

A drug-trafficking defendant’s conversation with police officers was custodial when police repeatedly implied that they would arrest him that day if he didn’t become an informant, causing him to lose his job. Because these threats constituted a custodial interrogation without ...

Read More »

EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

Read More »

EDVA: Residential trash supported home search (access required)

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

Read More »

EDVA: Affirmative defense not provable without expert testimony (access required)

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

Read More »